NY State Senate Bill 2015-S3863

Senate Bill S3863

2015-2016 Legislative Session

Prohibits the sale, purchase or use of hydrofracking liquid waste products; requires the department of environmental conservation to establish rules regarding the proper disposal of waste products

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Feb 20, 2015	referred to environmental conservation

co-Sponsors

2015-S3863 (ACTIVE) - Details

See Assembly Version of this Bill:: A2478
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §23-1712, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7012
2013-2014: S3433, A9955
2017-2018: A1585

2015-S3863 (ACTIVE) - Summary

Prohibits the sale, purchase or use of any liquid waste product from hydraulic fracturing operations and requires the department of environmental conservation to establish rules and regulations concerning the proper disposal of waste products generated during the process of hydraulic fracturing.

2015-S3863 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3863

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the sale or use of any liquid waste product
from hydraulic fracturing operations and requiring the department of
environmental conservation to establish rules and regulations
concerning the proper disposal of waste products generated during the
process of hydraulic fracturing

PURPOSE OR GENERAL IDEA OF BILL:

To ensure the proper disposal of any and all waste products generated
during the process of hydraulic fracturing and prohibit the sale or
use of any liquid waste.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 Amends the environmental conservation law by adding a new
section 23-1712 which prohibits the sale or use of any liquid waste
product from hydraulic fracturing. In addition, the department of
environmental conservation will be required to establish rules and
regulations for the proper disposal of any and all waste products
generated during the process of hydro fracturing.

Section 2 provides the effective date.

JUSTIFICATION:

Liquid waste created from the process of hydraulic fracturing contains
high concentrations of salts that would make it an effective solvent
for de-icing and dust control on roadways.  However, it has also been
reported that the same liquid waste has properties that raise public
health concerns.

The Department of Environmental Conservation notes in the draft
Supplemental Generic Environmental Impact Statement (SGEIS) that these
liquid wastes may contain elevated concentrations of naturally
occurring radioactive materials (NORM) such as radium and its decay
products. The report further states that activities with the potential
to concentrate NORM need to come under regulatory oversight to ensure
adequate protection of workers, the general public and the
environment. Testing has identified increased levels of hydrocarbons
such as benzene in liquid waste from drilling operations in the
Marcellus Shale.

Recognizing the potential health impacts from releasing liquid waste
into the environment, this legislation will prohibit its use for any
purpose. This legislation further requires the department to ensure
the safe disposal of all liquid waste that contains a high
concentration of chemicals, used in the process of hydraulic
fracturing.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:


This act shall take effect immediately; provided, that the department
of environmental conservation shall establish rules and regulations
concerning the proper disposal of any and all waste products generated
during the process of hydraulic fracturing within ninety days of the
effective date of this act.

2015-S3863 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3863

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting the sale or use of any liquid waste product from hydraulic
  fracturing  operations  and  requiring the department of environmental
  conservation to establish rules and regulations concerning the  proper
  disposal  of  waste products generated during the process of hydraulic
  fracturing

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 23-1712 to read as follows:
S 23-1712. PROHIBITION ON THE SALE OR USE OF ANY LIQUID WASTE    PRODUCT
             FROM HYDRAULIC FRACTURING OPERATIONS.
  1.  NO PERSON SHALL SELL, PURCHASE OR UTILIZE ANY LIQUID WASTE PRODUCT
FROM HYDRAULIC FRACTURING OPERATIONS,  INCLUDING,  BUT  NOT  LIMITED  TO
FRACKING WASTE BRINE.
  2. THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS CONCERNING THE
PROPER DISPOSAL OF ANY AND ALL WASTE PRODUCTS GENERATED DURING THE PROC-
ESS OF HYDRAULIC FRACTURING.
  S  2.  This act shall take effect immediately; provided, however, that
the department of environmental conservation shall establish  rules  and
regulations concerning the proper disposal of any and all waste products
generated  during the process of hydraulic fracturing within ninety days
of the effective date of this act.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05455-01-5

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Senate Bill S3863

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Sponsored By

Liz Krueger